Racial Inequality in Youth Sentencing

The Campaign for the Fair Sentencing of Youth is dedicated to ending the practice of sentencing any young person to die in prison. This harsh, extreme life without parole sentence has a disproportionate impact on communities of color.

Human Rights Watch reports that more than 2,500 people in the United States have been convicted of a crime committed before they were 18 years old and sentenced to life without parole. One out of every 8 African-American youth who are convicted of killing someone will be sentenced to life without parole, however this is only the case for one out of every 13 white youth convicted of murder.[i]

The most extreme sentence that a person under the age of 18 can receive is life without parole, which occurs when young people are transferred from juvenile court to be tried as adults in criminal court. Young people sentenced to life without the possibility of parole have effectively been discarded by society. They will never again have their sentence considered or have their cases reviewed to see if they have grown or matured. Below is a list of facts that demonstrates the channel from school to prison–sometimes for life–to which youth of color are disproportionately subjected.

In schools, youth of color are more likely to be expelled or suspended, but there is no evidence that they misbehave more than their white counterparts.

Latino youth as a group are the most likely group to be out of school and without a high school diploma. Economists have calculated that each Latino male who graduates from high school is associated with a savings to the criminal justice system of more than $38,000.[i]

African-American students are far more likely than their white peers to be suspended, expelled, or arrested for the same conduct.[ii]

There is no evidence that students of color misbehave to a greater degree than white students. They are, however, punished more severely, often for behaviors that are less serious. [iii] This is most strikingly true for drug offenses.

In the juvenile justice system the legacy of removing youth of color from their families persists.

In 2006, Native American youth were 4 times more likely to be detained than whites.[iv]

45% of all incarcerated youth are African-American, 30% are White and one-quarter (25%) are Hispanic.[v]

Studies show that youth of color are treated more harshly than White youth even when arrested and prosecuted for the same offense. For example, White youth are more than a third more likely to have sold drugs than African American youth.[vi] But African American youth are arrested at twice the rate of whites and represent nearly half (48%) of all the youth incarcerated for a drug offense in the juvenile justice system.

More transfers to the adult criminal justice system result in youth of color being more likely to be sentenced in adult court and therefore more likely to receive long term adult sentences.

African-American youth make up 17% of the overall youth population, 30% of those arrested and 62% of the youth prosecuted in the adult criminal system. [vii]

White youth are twice as likely to be represented by private counsel as African American youth. Youth who are represented by private attorneys were less likely to be convicted and more likely to be transferred back to juvenile court.[viii]

A comprehensive six month study of 18 representative jurisdictions across the country found that youth of color were disproportionately charged in adult court. In order to be sentenced to life without parole in the United States you must have contact with the adult criminal justice system, which is completely separate from the juvenile justice system. [ix]

Grown Up Sentences Given to Young People of Color

60 % of people serving life without parole for crimes committed in their youth in the United States are African American, 29% are White and .8 percent are Native American.[x]

When African American youth have committed the same offense and have the same prior record as their white counterparts they are often found more culpable, in fact studies show that most minorities are sentenced more harshly than whites.[xi]

73 % of the people (whose race has been identified) serving life without parole in U. S. federal prisons for a crime committed under age 18 are people of color.[xii]

[i] Human Rights Watch & Amnesty International. (2005, October 11). The rest of their lives: Life without parole for child offenders in the United States, 39-44 . Retrieved from http://www.hrw.org/reports/2005/us1005/

[vi] The 1999 National Household Survey on Drug Abuse reports that White youth aged 12-17 are more than a third more likely to have sold drugs than African-American youth. The National Institute of Drug Abuse survey of high school seniors for 1998/1999 shows that White students use cocaine at 7 to 8 times the rate of African American students, and heroin at 7 times the rate of African American students. See http://www.drugpolicy.org/communities/race/educationvsi/index.cfm

[x] Human Rights Watch & Amnesty International. (2005, October 11). The rest of their lives: Life without parole for child offenders in the United States, 39. Retrieved from http://www.hrw.org/reports/2005/us1005/

[xii]Human Rights Watch (2009, June 4). Letter from human rights organizations to CERD regarding juvenile life without parole in the US. Retrieved from http://www.hrw.org/en/news/2009/06/04/letter-human-rights-organizations-cerd-regarding-juvenile-life-without-parole-us.

Voices

Formerly incarcerated youth: Supreme Court right that kids are different

I am a committed father who is working to keep kids out of trouble and our streets free of violent crime.

I also faced a possible sentence of life without the possibility of parole or the death penalty when I was only 16. I was convicted of third degree homicide instead of first degree murder and received a lesser sentence and served 8 ½ years behind bars. Since I was released in 1997, I have worked with hundreds of young men, trying to prevent them from entering the criminal justice system. Read more from formerly incarcerated youth...Edwin Desamour, Philadelphia

I was convicted of first degree murder and sentenced to 25 years in prison when I was 13 years old.

I had already spent time in the juvenile detention center on seven different occasions. Yet at such a young age, I didn't fully understand the ramifications of what had occurred; nor did I understand how so many lives -- including my own -- would be devastated because of my actions. I did not think the victim would die and I was not the actual killer, so I never imagined that I would face a long prison term. Only when I was transferred to adult court and spoke to my defense lawyer did I understand that I would likely spend decades in prison. I eventually plead guilty in order to avoid the 40-year sentence the state sought. Read more from formerly incarcerated youth...Xavier McElrath-Bey, Chicago

Mother tells her story of addressing the mental health issues that led to her son’s sentence

When my son was born, I knew very little about how kids typically behave. I was only 19 and he was my first child. His sister was not born for another 9 years.

During his formative years he was smart, quiet and obedient. He was in classes for gifted kids and showed talent in design and engineering at a very young age. He crafted elaborate building plans for spaceships, which at the time were very futuristic. I had no idea that he also suffered from a serious mental illness. Read more from families of incarcerated youth...Cat Lambert, Colorado

The mother of a 3-year-old homicide victim supports holding young people accountable for their crimes, but life-without-parole sentences for juveniles is not the answer.

Nearly 17 years ago, my three-year-old son, Casson Xavier “Biscuit” Evans, was killed in a drive-by shooting. I could not have imagined that I would someday want to see the shooter released from prison or that I would become an advocate for ending the practice of sentencing children to life in prison without the possibility of parole. Read more from families of victims...Sharletta Evans, Colorado

Bishops' Committee Joins Call To End Life Sentences Without Parole For Children

A committee of the U.S. Conference of Catholic Bishops (USCCB) has endorsed the principles of a national campaign to end the practice of sentencing people under the age of 18 to life in prison without the possibility of parole.

"While there is no question that violent and dangerous youth need to be confined for their safety and that of society, the USCCB does not support provisions that treat children as though they are equal to adults in their moral and cognitive development," said Bishop Stephen E. Blaire of Stockton, California, chairman of the committee. "Life sentences without parole eliminate the opportunity for rehabilitation or second chances." Read more from organizational partners...United States Conference of Catholic Bishops,

We did some dumb things as teenagers that might have caused a lot of harm. You probably did, too. Fortunately, we didn’t hurt anyone too badly, but we cringe now at how clueless we were about the possible consequences of what we did.

Teenagers often don’t make very good decisions. Our laws take this into account in many ways: We don’t let young people drink until they are 21, and they can’t sign contracts, vote or serve on juries until they are 18. But there is one area in which we ignore teens’ youth and impulsiveness: our criminal laws. Read more from opinion leaders...Newt Gingrich and Pat Nolan,

Letter from Individual Currently Serving to the Campaign for the Fair Sentencing of Youth

"And it is crystal clear to me if I got out today there is not an ounce of fiber in me that wants to be involved in anything criminal. There is so much more available in life, only a moron would want to live life like this. I believe change can be made, and a big reason for that is 'cause I see it in myself." Read more from people currently serving...Individual Serving Life Without Parole for a Crime Committed as a Youth,